The Social Security (Child Maintenance Premium) (Amendment) Regulations (Northern Ireland) 2004

Amendment of the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations N.I.

4.—(1) The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with paragraphs (2) and (3).

(2) For regulation 1 (citation, commencement and interpretation) there shall be substituted the following regulation—

“1.— (1) These Regulations may be cited as the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations (Northern Ireland) 2001 and shall come into operation—

(a) in relation to any particular case, on the date on which section 22 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 comes into operation in relation to that type of case (“the commencement date”);

(b) in relation to a person who, on or after 16th February 2004—

(i) makes a claim for income support or an income-based jobseeker’s allowance, and

(ii) on or after the date of that claim receives any payment of child maintenance made voluntarily,

on 16th February 2004; or

(c) in relation to a person who—

(i) on 16th February 2004 is entitled to income support or an income-based jobseeker’s allowance, and

(ii) on or after 16th February 2004 receives any payment of child maintenance made voluntarily and that payment is the first payment of child maintenance received by that person while he is entitled to income support or an income-based jobseeker’s allowance,

on 16th February 2004 if a payment referred to in head (ii) is made on that day, or on the day on which such a payment is received where it is received after 16th February 2004.

(2) In this regulation—

“the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;

“the Order” means the Child Support (Northern Ireland) Order 1991;

“child maintenance” shall have the same meaning as that prescribed for the purposes of section 72A of the Social Security Administration (Northern Ireland) Act 1992;

“an income-based jobseeker’s allowance” has the meaning given by Article 3(4) of the Jobseekers (Northern Ireland) Order 1995;

“payment of child maintenance made voluntarily” means any payment of child maintenance other than such a payment made—

(a)

under a court order;

(b)

under a maintenance assessment made under the Order prior to its amendment by the Act or under a maintenance calculation made under the Order after its amendment by the Act;

(c)

under an agreement for maintenance;

(d)

in accordance with Article 28J of the Order (voluntary payments); or

(e)

by the Department in lieu of child maintenance, including any payment made by the Department under section 26 of the Act (temporary compensation payment scheme).

(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.”.

(3) In regulation 2 (child maintenance: income support and jobseeker’s allowance) paragraphs (1)(b) and (2)(b) shall be omitted.

Commencement Information

I1 Reg. 4 in operation at 16.2.2004, see reg. 1(2)

(1)

S.R. 2001 No. 25, to which there is an amendment not relevant to these regulations